THREE OAKS TECHNOLOGY GROUP, LLC may be referred to herein as "REISCOUT", "WE" OR "US", whether in uppercase, lowercase, or a combination.
Whether You are accessing or have accessed any of REISCOUT’s sites, services, offerings, Content, products, or applications, by way of the internet web sites located at the url www.REISCOUT.com, or by way of a mobile device, smart-phone, tablet, reader, application or app, software, tangible content medium (including a dvd or flash drive), Facebook, Twitter, a video service (such as YouTube or Vimeo) (none of which Reiscout is affiliated with), or any other device or method now known or developed in the future (individually and collectively, “the,” “any,” or “a” “REISCOUT Platform”) the terms and conditions set forth below and in the frequently asked questions (“FAQs”) where such FAQs specifically indicate they are integrated into this, the, or these Terms Of Service / End User License Agreement (collectively, "Terms") govern Your viewing, entering, or using any REISCOUT Platform, and any of the offerings, Content, products, and services of REISCOUT, including Your subscription to and use of REISCOUT, and the downloadable / installable REISCOUT Software App. These Terms are a legal contract between REISCOUT and You, an individual user of at least 18 years of age, or if You are using or subscribing to or making a purchase from REISCOUT on behalf of any entity -- including a company, organization, or trust, no matter the legal form of the entity -- (“entity”), then You represent and warrant that You are an authorized representative of that entity with the authority to bind such entity to the Terms, and agree to be bound by the Terms on behalf of such entity ("You," “user,” or, collectively, "users," whether in uppercase, lowercase, or a combination).
If You are under the age of 18 Your parent or legal guardian must enter into this agreement on Your behalf. If You are under the age of 18 You affirm that by Your continued or future use of any REISCOUT Platform or any of the offerings, Content, products, and services of REISCOUT, Your parent or legal guardian has first agreed to the Terms, including as amended, on Your behalf.
If You do not agree to or with any and each and every of the terms in these Terms, exit or close the REISCOUT Platform immediately and do not access or otherwise use any REISCOUT Platform, offerings, Content, products, services, or any information contained on or through any REISCOUT Platform. Your use of any REISCOUT Platform, offerings, Content, products, services, or any information contained on or through any REISCOUT Platform shall be deemed to be Your agreement to abide and be bound by each of the Terms set forth herein. You acknowledge that You have read and understood, and agree to be bound by, the Terms (and conditions).
The REISCOUT Platform, offerings, Content, products, and services of REISCOUT are not available to persons under the age of 13 or to any Users (including subscribers, purchasers, or members, as may be applicable) previously suspended or removed from any REISCOUT Platform by REISCOUT. By downloading, installing, accessing, or otherwise using any REISCOUT Platform, offerings, Content, products, or services, You represent that You are at least 13 years of age and have not been previously suspended or removed from any REISCOUT Platform.
The Content on or from any REISCOUT Platform may not be resold or relicensed.
2 MODIFICATION OF TERMS
REISCOUT may make changes to the Terms, any REISCOUT Platform, content, or services at any time. The latest Terms will be posted or be available through www.REISCOUT.com and You agree that You should always review them prior to using any REISCOUT Platform, Content, or services.
Because of the rapidly evolving nature of the internet, computers, mobile technologies, and other technologies, in our attempts to make our user experience better, and for other aesthetic and business reasons, REISCOUT may change, update, and modify the Terms from time to time. REISCOUT will post its updated Terms at www.REISCOUT.com so You may always be aware of what has changed. If any modification is unacceptable to You, You shall cease using the REISCOUT Platform, Content, and services right away. If You do not cease using the REISCOUT Platform, Content, and services, You will be conclusively deemed to have accepted the change(s). Except as stated elsewhere, all amended Terms shall automatically be effective as soon as they are initially posted and/or sent to registered Users, except if REISCOUT states that it is giving advance notice of any amended term to be effective on a date in the future. Please check these Terms and any guidelines periodically for changes. Except as posted by REISCOUT to the www.REISCOUT.com site or other aspects of any REISCOUT Platform, this Agreement may not be otherwise amended, and no terms may be waived by REISCOUT, except in a writing, hand signed by pen on paper (or as set forth below) by You and an authorized representative of REISCOUT. For purposes of this provision, a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature.
REISCOUT may provide You with notices, including those regarding changes to the REISCOUT Terms, by email, regular mail, or postings on, or through any REISCOUT Platform. Notice will be deemed given twenty-four hours after email is sent, unless REISCOUT is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. Notice posted on or through any REISCOUT Platform is deemed given upon the initial posting, even if there is also notice given in any other way. REISCOUT is not obligated to provide notice of amendment to the Terms: the making available or posting of the Terms on www.REISCOUT.com without more is deemed and agreed to be sufficient notice of amendment(s).
When You visit www.REISCOUT.com or send Us e-mails, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail, the REISCOUT messaging system, or by posting notices on www.REISCOUT.com. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in Your REISCOUT account profile, Your current and active email address.
4 REISCOUT LICENSE GRANT
REISCOUT provides or makes available Content and services through the REISCOUT Platforms. Certain information, documents, works, products, offerings, and services provided on and through a REISCOUT Platform, including content, logos, graphics, and images (together, the "Materials") and User Content (as defined below) are provided to You by or by way of REISCOUT (including as an interactive computer service or online service provider) or a REISCOUT Platform and are the copyrighted work or works and/or trademarks of REISCOUT or REISCOUT's assignees, licensors, or contributors, that is, any person or entity that makes Materials available on or by way of REISCOUT or any REISCOUT Platform, either publicly or privately. (Materials, User Content, and Third Party Content [as defined below], may be referred to individually and collectively as “Content.” Hereinafter the use of the term “Content” shall be deemed to exclude trademarks from its definition.
Other than as specifically set forth in the Terms (or a separate written agreement), REISCOUT does not grant any license or right to use, reproduce, or display any trademark.
As set forth herein, and conditional upon Your agreement to the Terms, REISCOUT grants You a limited, personal, non-exclusive, and non-transferable license to use and to display the Content and to access and use the REISCOUT Platform and the services of the REISCOUT Platform solely for Your own personal or business use.
(**If Your business involves advising any third party about any of the matters in any Content, then You must purchase a separate membership or license for and in connection with the re-use or re-purposing of any Content for or in connection with each third party You advise or supply any such Content to, whether re-purposed or modified or not. Please note all terms in the Terms regarding what may and what may not be done with various Content. You must also notify each such third-party in writing that he, she, or it may not resell, re-license, republish, distribute, or transmit any aspect of any Content.)
You may not reverse engineer any aspect of any REISCOUT Platform.
This limited license terminates automatically, without notice to You, if You breach any term, condition, covenant, agreement, warranty, or representation of the Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Content and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title, or interest in or to any REISCOUT Platform or Content.
4.2 License Grant to Download and Use Content
Subject to Your compliance with the terms and conditions set out in the Terms, REISCOUT hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view viewable Content, and in some instances download and print Content through a REISCOUT Platform subject to the license under which such User Content and Materials are made available and distributed.
If You are not a REISCOUT Premium Member or subscriber, You may only be able to view certain Content on REISCOUT, but may not be able to download or print the same unless You purchase a Premium Membership. If You are a REISCOUT Premium Member, so long as You are paid in full, and all the information You have provided is and remains true, accurate, and complete, then subject to Your compliance with the terms and conditions set out in these Terms, REISCOUT hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view, and in many instances download, save, print, and use, Content available to Premium Members (depending upon Your subscription or membership) solely through a REISCOUT Platform subject to the license under which such Content is distributed or made available. The license granted to You is for Your exclusive personal and/or Your own business use only for Your single business. (Text at **, above, integrated herein in full.) Any distribution, resale, or re-licensing of any aspect of any Content to third parties for any reason is strictly prohibited, however if Your business involves advising any third party about any of the matters in any Content, then You must purchase a separate membership or license for and in connection with the allowable re-use or re-purposing of any Content for or in connection with each third party You advise or supply any such Content to, whether re-purposed or modified or not, and if You have purchased such license(s) – unless otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the Content - You may then utilize such Content in providing advice to each such third party in providing Your services. You may not resell any Content at a profit, though You may charge for Your services. If the terms of any license have changed by becoming more restrictive You must comply with the more restrictive terms, including in relation to any Content licensed earlier. Please note all terms in the Terms regarding what may and what may not be done with various Content. You must also notify each such third-party in writing that he, she, or it may not resell, re-license, republish, distribute, or transmit any aspect of any Content. Content, and all aspects of it, on, through, or from REISCOUT and a REISCOUT Platform, may not be resold, redistributed, relicensed, reproduced, or made available on any site, web-page, blog, or other method.
Users who utilize the REIStore service, a service that allows Users to buy and/or sell User Content through the Site (the "REIStore"), are bound by the REIStore Terms of Service in addition to these Terms. The REIStore Terms of Service contract is available here is hereby incorporated by reference into these Terms, as applicable.
Content available through REISCOUT Premium, and REIStore is either REISCOUT “Content” or "Third Party Content." See section 11.
4.3 License Grant to Upload
YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OR ANY OTHER RIGHT OF ANY OTHER PERSON OR ENTITY.
Subject to Your compliance with the terms and conditions set out in these Terms, REISCOUT hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the REISCOUT Platform for the uploading, submitting, posting, distributing, or otherwise making available of authorized digital content, including electronic documents, photographs, information, messages, comments, or other content or material ("User Content").
User Content uploaded by You is at Your own risk. Notwithstanding any obligations hereunder of REISCOUT to protect User Content with these Terms or security measures, REISCOUT cannot and does not guarantee that there will be no unauthorized copying, distribution, or deletion of User Content nor will REISCOUT be liable for any copying or usage of the User Content not authorized by REISCOUT or You.
4.4 Reservation of Rights
REISCOUT reserves all rights not expressly granted in these Terms.
4.5 Prevention of Unauthorized Use
REISCOUT reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Content and any REISCOUT Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. REISCOUT reserves the right to monitor Your use of any REISCOUT Platform to ensure compliance with this Agreement. If REISCOUT, or its affiliates, or assignees, in their sole and unfettered discretion, determine that You are not in compliance with this Agreement, REISCOUT reserves the right to take such action deemed necessary to resolve this issue.
5 USER CONTENT LICENSE GRANT; REPRESENTATIONS AND WARRANTIES
5.1 Retention of Ownership
You retain all of Your ownership rights in User Content owned by You, unless You choose to give up any ownership right.
5.2 License Grant to REISCOUT
Unless otherwise agreed to in a separate written agreement between You and REISCOUT signed by an authorized representative of REISCOUT by pen on paper:
a) By uploading, making available for upload, distributing, or disseminating User Content through the Site, You hereby grant to REISCOUT a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise use and sell or license Your User Content, in any media format and through any media channel or REISCOUT Platform, in order to make available, display, perform, reproduce, distribute, publish, and promote such User Content in connection with the REISCOUT Platforms and services offered or to be offered by REISCOUT. REISCOUT may put restrictions on any of Your User Content and restrict access and ability to view, download, or print to Premium Members or other members or Users. You are reminded that You agree not to upload User Content that violate the Terms, including User Content that might infringe upon the copyrights or other rights held by others. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 5.3, the license granted by You may terminate as to a specific piece of User Content once You remove or delete such User Content from any REISCOUT Platform if You write us at Copyright_at_REISCOUT_dot_com with the following in the subject line: “Request to Terminate User Content License” requesting such termination. If, however, REISCOUT accepts such requested termination, REISCOUT may maintain one or more copies of all User Content for its records and any other legal purpose.
c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management (“DRM”) tools, including any software designed to limit the number of times User Content may be made available, displayed, performed, distributed, copied, or played. REISCOUT may utilize DRM tools in connection with Content, including Your User Content.
5.3 License Grant to Other REISCOUT Users
By uploading, making available for upload, distributing, or disseminating User Content to or through any REISCOUT Platform, You hereby grant to each User that is authorized to access Your User Content, a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded or made available for uploading such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your User Content at least a limited, non-exclusive, license to view, download, print, reproduce, and store such User Content in the manner contemplated by the Terms and every REISCOUT Platform. Further, unless You clearly state otherwise, You grant a license to Users to modify, edit, reproduce, alter, and use Your User Content or Materials for personal use or for business use. (Text at **, above, integrated herein in full. You are aware and agree that unless You clearly state otherwise, if the business of a User involves advising any third party about any of the matters in any Content including User Content, then unless otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the User Content subject to the terms of the Terms, such User may then utilize such User Content in providing advice to each such third party.) The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from every REISCOUT Platform provided, however, that User rights to Your User Content arising out of distributions occurring on or prior to deletion of such User Content from any REISCOUT Platform survive any termination or expiration of the license You have granted. In other words, for example, once another User has downloaded or printed Your User Content, no one can technologically stop that User from possessing, displaying, or otherwise using Your User Content, though REISCOUT may attempt to contractually limit or terminate usage, including by these Terms. Further, such User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content, and REISCOUT has no obligation to prevent, limit, or take any other measures to affect that availability.
5.4 User Content Representations and Warranties
You are solely responsible for Your User Content and the consequences of posting or publishing it. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have all the necessary licenses, rights, consents, releases, and permissions to use and to authorize REISCOUT and REISCOUT's Users to use Your User Content as necessary to exercise the licenses granted by You in this agreement and in the manner contemplated by REISCOUT and these Terms;
(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person or entity. YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OR ANY OTHER RIGHT OF ANY OTHER PERSON OR ENTITY;
(3) Your User Content does not contain or link to any cookies, viruses, adware, spyware, worms, trojans, or other malicious code; and,
(4) Your User Content does not primarily constitute an advertisement, promotional, or marketing materials for any person, entity, or business.
Violators of third party rights may be subject to criminal and/or civil liability. REISCOUT reserves all rights and remedies against any Users who violate these Terms, including the right to remove User Content and to terminate Your account(s) and access to any and every REISCOUT Platform and service.
5.5 Content Disclaimer
You understand and agree that when using a REISCOUT Platform You will be exposed to Content from a variety of sources, and that REISCOUT is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against REISCOUT with respect thereto. REISCOUT does not endorse any Content or any opinion, recommendation, or advice expressed therein, and REISCOUT expressly disclaims any and all liability in connection with Content. If notified by a User or a content owner of Content that allegedly does not conform to these Terms, REISCOUT may investigate the allegation and determine, in its sole and unfettered discretion, whether to remove the Content, which it reserves the right to do at any time and without notice. For further clarity, REISCOUT does not permit copyright infringing activities on any REISCOUT Platform.
You understand and agree that all aspects of Content, Services, or other information provided by or through REISCOUT or any REISCOUT Platform are for informational purposes only. Your use of any information, or any aspect of any Content or Services from or through REISCOUT or any REISCOUT Platform, regardless of the manner in which it is obtained, is entirely at Your own risk, for which REISCOUT shall not be liable. It shall be Your own responsibility to ensure that any aspect of any Content, Service, or information available from or through REISCOUT or any REISCOUT Platform meets Your specific requirements. The Content or Services provided by REISCOUT may be inappropriate for Your particular circumstances. You understand and agree that REISCOUT is not a law firm, and does not provide legal advice.
REISCOUT may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at REISCOUT's sole and unfettered discretion, REISCOUT may cooperate with law enforcement agencies in any investigation of alleged illegal activity on a REISCOUT Platform or on the Internet, and may disclose information that it has about You.
6.2 Disclosure of Documents Viewed, Downloaded or Printed, REISCOUT Account Information, and other Information:
Under certain circumstances We may disclose the Content viewed, downloaded, or printed, REISCOUT Account information, and other information. Typically those circumstances include when someone questions or disputes a charge, transaction, or having subscribed to a REISCOUT Platform or Service. If a credit card or PayPal account holder questions or disputes a charge we may disclose the history of Content viewed, downloaded, or printed, as well as the internet protocol (IP) addresses the purported credit card or PayPal account holder logged in to a REISCOUT Platform from, and dates and times of logging in, and certain information pertaining to the REISCOUT account, such as the email address provided by the REISCOUT account holder. We may disclose this information to: the REISCOUT or credit card or PayPal account holder, if such person provides us with sufficient information for us to reasonably verify that such person is one of the actual REISCOUT or credit card or PayPal account holders; someone acting on behalf of the actual REISCOUT or credit card or PayPal account holder(s), if such person provides us with sufficient information for us to reasonably verify that such person is acting on behalf of the actual REISCOUT or credit card or PayPal account holder(s); or Our transaction and payment processors and any service that facilitates Our transaction and payment processing. Furthermore, You should be aware that if anyone shares the REISCOUT account that You use, or accesses that REISCOUT account, they may be able to view what Content was viewed, downloaded, printed, uploaded, searched for, saved, emailed, forwarded, messages sent to and received from REISCOUT and other REISCOUT users using the REISCOUT messaging system, through that REISCOUT Account or while logged in to a REISCOUT Platform using that REISCOUT Account.
Users who utilize the REIStore service, a service that allows Users to buy and/or sell User Content through the Site (the "REIStore"), are bound by the REIStore Terms of Service in addition to these Terms. The REIStore Terms of Service agreement is available here and here and is hereby incorporated by reference into these Terms, as applicable.
8 ADDITIONAL REISCOUT PREMIUM TERMS
REISCOUT Premium Membership is a paid subscription service that provides access to view, download and print a wide selection of Content, and possibly Services, on or through one or more REISCOUT Platform. REISCOUT may call Premium Membership something else in the future. REISCOUT reserves the right to limit the downloading and printing on any Content to Premium Members. REISCOUT may terminate any Premium Member at any time for any reason or no reason at all, in which instance REISCOUT may refund the pro-rata Premium Membership fee paid by the Premium Member remaining on the terminated Premium Member’s membership.
8.2 Premium Membership Cancellation Policy
Your REISCOUT Premium Membership can be canceled, to prevent future billing, so long as such cancellation notice is received by REISCOUT by midnight, US Eastern Time on the thirtieth (30th) day after You register to become a Premium Member. Additionally REISCOUT Premium Members can cancel future billing at any time. REISCOUT has Your authority to continue to charge You and bill You for periodic periods (e.g., monthly or annually) until such time as You cancel Your Premium Membership. If You register for 3/6/9/12 month billing for a REISCOUT Premium membership, and You cancel at any time, You will be billed the full membership fee for that period of time, and You will not receive a refund for the remainder of that billing period (if You are a Premium Member You will continue to enjoy the benefits of REISCOUT Premium Membership until the end of the billing cycle for which You originally registered). If You registered for monthly billing and You cancel at any time Your registration, You will be billed for, and will not receive a refund for, the remainder of the month. In order to cancel Your REISCOUT Premium membership please use any automated cancellation tool that might be available on or through a REISCOUT Platform, or write REISCOUT at PremiumSupport_at_REISCOUT_dot_com with "REISCOUT Premium Membership Cancellation" in the subject line, include Your instructions that REISCOUT cancel Your REISCOUT Premium membership, include Your user name, and Your digital signature authenticating that You are the REISCOUT Premium member. Sending a cancelation notice to a REISCOUT email address other than PremiumSupport_at_REISCOUT_dot_com may delay or prevent Your cancellation from being processed. If You do not receive an acknowledgement from REISCOUT within 2 business days following Your emailing REISCOUT of Your Premium membership cancellation, You must write REISCOUT again to cancel. REISCOUT is not responsible for any failures to receive Premium membership cancellation instructions.
You may not create multiple REISCOUT accounts or Premium Memberships, or encourage anyone else to create Premium Memberships or make purchases on Your behalf or for Your benefit for the purpose of gaming the refund policy. Should REISCOUT suspect You of any such conduct (as determined at the sole and unfettered discretion of REISCOUT), REISCOUT will immediately terminate Your REISCOUT account, may restrict Your ability to access or use Content or any aspect of Content and all REISCOUT Platforms, and may pursue any other available legal and equitable remedies.
9. MORE ON OTHER REISCOUT PRODUCTS, PLATFORMS OR SERVICES
9.1 The Downloadable / Installable Reiscout Premium Software App
Some of the Content and Services available with, on, or through, the downloadable / installable REISCOUT Premium Software App may require an internet connection, and may require that You be a paid subscriber.
10 PASSWORD RESTRICTED AREAS OF ANY REISCOUT PLATFORM
You may register for a password to log in to any REISCOUT Platform and to use certain functions and areas within any REISCOUT Platform. As part of the registration process, You may be asked to select a username and password. REISCOUT may refuse to grant You a username that REISCOUT believes impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by REISCOUT in its sole and unfettered discretion. You are responsible for maintaining the confidentiality of Your password and account, and agree to notify REISCOUT if Your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your registered account. You agree to immediately notify REISCOUT of any unauthorized use of Your account or any other breach of security in relation to any REISCOUT Platform known to You. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of Your username, password, or any credit, debit, or charge card number, if applicable), then You agree to immediately change Your password and notify REISCOUT. You may be liable for the claims against or losses incurred by REISCOUT or others due to any unauthorized use of Your account.
11 THIRD PARTY CONTENT
Certain information and other content that is not REISCOUT Content or User Content, including Content available through REISCOUT Premium, and REIStore, may be provided by third party licensors and suppliers to REISCOUT ("Third Party Content"). Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You acknowledge and agree that Your ability or right to download, print, cache, reproduce, modify, display, distribute, (except as set forth in this paragraph), edit, alter, or enhance any of the Third Party Content in any manner might be limited or otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the Third Party Content, and in any event You may not resell, re-license, republish, distribute, or transmit any aspect of any Third Party Content unless You have permission from the owner or licensor of the Third Party Content. AS IS THE CASE WITH ALL CONTENT, YOU AGREE THAT REISCOUT IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS, DEFAMATION, OMISSIONS, FALSEHOOD, OBSCENITY, PROFANITY, OR ANYTHING ELSE, IN THE THIRD PARTY CONTENT, AND REISCOUT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12 THIRD PARTY SITES / SERVICE PROVIDERS / VENDORS
12.1 Links To Third Party Sites
A REISCOUT Platform and links within Content or communications from REISCOUT may link to other sites or platforms that are not REISCOUT sites or platforms ("Reference Sites"). REISCOUT is providing these links to You only as a convenience, and REISCOUT is not responsible for such linked Reference Sites, including, without limitation, the content or links displayed on such Reference Sites. You agree that REISCOUT assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of Your visiting any Reference Site. You understand that anything on or linked from any Reference Site does not represent the positions, opinions, etc. of REISCOUT and REISCOUT does not endorse or affirmatively support anything on or linked from any Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
12.2 Third Party Service Providers / Vendors
If We mention or link to any third party service provider or vendor, You agree that We are not responsible for even the most trusted third party service providers / vendors; We encourage You to determine for Yourself whether any such third party service providers / vendors are right for You and Your particular needs. REISCOUT is mentioning or providing links to third party service provider or vendors as a convenience, and even if REISCOUT is remunerated in some fashion, REISCOUT is not responsible for such third party service providers or vendors, including, without limitation, the goods or services they provide or content or links displayed on or provided by third party service providers or vendors. You agree that REISCOUT assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of Your visiting any third party service provider or vendor Site or Your obtaining any information, goods, or services, from or through such third party service provider or vendor. You understand that anything on or linked from any third party service provider or vendor site does not represent the positions, opinions, etc. of REISCOUT and REISCOUT does not endorse or affirmatively support anything on or linked from any third party service provider or vendor Site. Access and use of third party service provider or vendor sites, including the information, materials, products, and services on or available through third party service provider or vendor sites is solely at Your own risk.
13 MORE ON USER CONTENT
You must abide by the terms of the applicable Creative Commons License type. You have the right to choose. For example, if You did not originally author the document (Your User Content), but You came into possession of the User Content because it was another User Content document with a Creative Commons Attribution Share Alike license type You may not designate that document as being in the public domain. (According to Creative Commons, this license type lets others remix, tweak, and build upon a work even for commercial reasons, as long as they credit the original author and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on the original author’s work will carry the same license, so any derivatives will also allow commercial use). Again, please note that by default, You may be designating Your User Content as public domain and it is likely that You may only do that if You are the sole and exclusive rights holder of the work (but You will check with Your own legal counsel about that).
You are responsible for creating and maintaining copies of any User Content or Content that You store on REISCOUT, including in the private content storage area on or through a REISCOUT Platform. REISCOUT is not responsible for creating or maintaining any such copies, and REISCOUT may remove or permanently delete any User Content or other Content at any time and for any reason or no reason at all, and is not responsible for loss of User Content or other Content, including, without limitation, REISCOUT’s negligent or intentional deletion of any User Content, Your membership account, or other Content.
You further agree that You will not upload to REISCOUT’s servers, post, or otherwise make available on a REISCOUT Platform any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner or rights holder of such copyright, trademark, trade secret, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from Your User Content or Your other Content.
You represent and warrant that: (i) You own all User Content posted by You on or through a REISCOUT Platform or otherwise have the right to grant the licenses to REISCOUT and its Users set forth herein, and (ii) the posting of Your User Content on or through a REISCOUT Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, trade secrets, or any other rights of any person or entity. You agree to pay for all royalties, fees, damages, and any other monies owing any person or entity by reason of any User Content posted by You to or through a REISCOUT Platform.
When submitting User Content to or otherwise using a REISCOUT Platform and/or the services, You also agree not to, without limitation, the following:
- Use a REISCOUT Platform for any purposes other than to disseminate or receive original or appropriately licensed Content and/or to access a REISCOUT Platform as such services are offered by REISCOUT;
- Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use racially, ethnically, or otherwise offensive language, including denigrating sexual orientation or gender identity issues;
- Incite or encourage illegal activity;
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- Post or upload anything that exploits children or minors or that depicts cruelty to animals;
- Post any copyrighted or trademarked materials without the express permission from the owner;
- Post or upload any other party’s trade secrets;
- Post or upload matters that by their confidential or security clearance nature may threaten lives, international, national, state, local, or individual security;
- Post or upload outdated materials such as outdated sex offender registries;
- Post or upload Court documents that have been sealed;
- Post or upload a third party’s social security number, credit card number, unpublished phone number, non-public e-mail or physical mail address, medical records or information, tax records, or other confidential or personal information;
- Post or upload any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
- Post or upload any content that might be fraudulent, inaccurate or misleading;
- Post or upload any content that might be competitive with REISCOUT or any of its Platforms or Services;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, access REISCOUT Platform accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via a REISCOUT Platform, or perform any other similar fraudulent activity;
- Use a REISCOUT Platform for any illegal purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy;
- Remove, circumvent, disable, damage, or otherwise interfere with DRM or security-related features of a REISCOUT Platform or Content, features that prevent or restrict use or copying of any content accessible through a REISCOUT Platform, or features that enforce limitations on the use of a REISCOUT Platform Site or Content;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code of a REISCOUT Platform or any part thereof, or DRM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Modify, adapt, translate, or create derivative works based upon a REISCOUT Platform or Content or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Interfere with or damage operation of a REISCOUT Platform or any User's enjoyment of a REISCOUT Platform or Content, by any means, including uploading, linking to, or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- Relay email from a third party’s mail servers without the permission of that third party;
- Use any robot, spider, scraper, or other automated means to access a REISCOUT Platform, except for accessing REISCOUT RSS feeds;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through a REISCOUT Platform;
- Interfere with or disrupt a REISCOUT Platform or servers or networks connected to a REISCOUT Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to a REISCOUT Platform;
- Post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that generally detracts from the REISCOUT experience;
- Engage in any activity or upload commercial content that generally detracts from the REISCOUT experience;
- Take any action that imposes an unreasonable or disproportionately large load on REISCOUT’s infrastructure or any REISCOUT Platform;
- Artificially inflate or alter the ratings available on a REISCOUT Platform or alter any comments posted by others on a REISCOUT Platform;
- Create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers;
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms, or that You do not have a right to link to or include;
- Consummate any transaction that was initiated using any REISCOUT Platform or Service that, by paying to REISCOUT a fee, could cause Us to violate any applicable law, statute, ordinance or regulation.
This list of prohibitions provides examples and is not complete or exclusive. REISCOUT reserves the right to (a) terminate Your access to Your account or Your ability to access, post, or upload to a REISCOUT Platform (or the services) and (b) refuse, delete, or remove any Content, with or without cause and with or without notice, for any reason or no reason, or for any action that REISCOUT determines in its sole and unfettered discretion is inappropriate or disruptive to a REISCOUT Platform or to any other User of a REISCOUT Platform and/or services. REISCOUT may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at REISCOUT's sole and unfettered discretion, REISCOUT may cooperate with law enforcement agencies in any investigation of alleged illegal activity on a REISCOUT Platform or on the Internet. Such termination or suspension may continue so long as REISCOUT suspects the violation in question and REISCOUT will have no liability to You for such termination or suspension, including, without limitation, liability to refund any fees paid for any Content, documents, features, or subscriptions.
These prohibitions do not require REISCOUT to monitor, police, or remove any User Content or other information submitted by You or any other User, or monitor, police, or report any User activity.
14 UNAUTHORIZED ACTIVITIES
User Content and unauthorized use of any REISCOUT Platform, Services, or Content contained on or available through a REISCOUT Platform may impermissibly violate certain laws and regulations. You agree to indemnify, defend, and hold harmless REISCOUT and its officers, directors, employees, affiliates, agents, attorneys, licensors, and business partners from and against any and all claims, costs, damages, liabilities, and expenses (including attorneys' fees and costs) REISCOUT or any other indemnified party suffers in relation to, arising from, or for the purpose of defending against or avoiding any claim, action, or demand from a third party that Your use of a REISCOUT Platform, Service, Content, or the uploading of Your User Content (or what You represent is Your User Content), or the use of a REISCOUT Platform, Service, or Content, or the uploading of User Content by any person using Your user name and/or password (including, without limitation, Your participation in the posting areas or Your User Content) violates any applicable law or regulation, including the copyrights, trademark rights, or other rights of any third party.
15 PROPRIETARY RIGHTS
REISCOUT® is a registered trademark of REISCOUT. Other trademarks, names, and logos on a REISCOUT Platform or Content are the property of their respective owners. The trademarks, logos, and service marks displayed on a REISCOUT Platform or Content (collectively the "Trademarks") are the registered and unregistered trademarks of REISCOUT, its licensors, suppliers, and others. The Trademarks owned by REISCOUT, whether registered or unregistered, may not be used in connection with any product or service that is not REISCOUT’s in any manner that may cause confusion with or to consumers or customers, or in any manner that disparages REISCOUT or blurs, tarnishes, or dilutes the Trademarks or REISCOUT. Nothing contained on a REISCOUT Platform, Service, Content, communication, or herein should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark without the express written permission of REISCOUT, its licensors, suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and REISCOUT may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Unless otherwise specified in these Terms, all information and screens appearing on a REISCOUT Platform, including documents, services, REISCOUT Platform design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of REISCOUT, Copyright © 2017-2022 REISCOUT. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
16 COPYRIGHT AND TRADEMARK INFRINGEMENTS; NOTIFICATION
REISCOUT respects the intellectual property rights of others, and we require You to do the same. REISCOUT may, in appropriate circumstances, and at our sole and unfettered discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement please comply with the requirements of the Digital Millennium Copyright Act and complete the information / form available here.
If You believe that Your work is the subject of trademark infringement and appears on our Site, please provide REISCOUT the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site, including specific information (not general information, or a “search”) where such works are to be located.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at any REISCOUT Platform, and information reasonably sufficient to permit REISCOUT to locate the material.
- Information reasonably sufficient to permit REISCOUT to contact You as the complaining party such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
REISCOUT reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement, and to require that You support Your claims of actionable trademark infringement.
REISCOUT's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Attn: Copyright Agent
950 Eagles Landing Parkway, Suite 670
Stockbridge, GA 30281
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. (See, e.g., Online Policy Group v. Diebold, 337 F. Supp. 2d 1195 (N.D. Cal. 2004) Diebold agrees to pay $125,000 in damages and fees under Section 512(f).
REISCOUT reserves the right to remove User Content without notifying You if You posted User Content, and without providing You with an opportunity to submit a counter-notification, and You waive any rights or claims that You might have against REISCOUT for removing Your User Content, including without notifying You of REISCOUT’s receipt of a DMCA takedown notice or providing You with an opportunity to submit a counter-notification or complying with the counter-notification procedure set out in the DMCA.
We reserve the right to supply Your communications and DMCA copyright infringement notification to Chilling Effects or to those who are conducting or might conduct research, or publish it on any REISCOUT Platform for inclusion in studies and legal scholarship.
17 DISCLAIMER OF WARRANTIES AND PROMISSORY ESTOPPEL
YOUR USE OF ANY REISCOUT PLATFORM, SERVICE, CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS IS AT YOUR OWN RISK. REISCOUT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY REISCOUT PLATFORM OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY REISCOUT PLATFORM (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), OR ANY ERRORS (INCLUDING OMISSIONS) IN THE SERVICES, OR CONTENT, OR FOR ANY LACK OF ACCESS TO ANY REISCOUT PLATFORM, CONTENT, OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). CONTENT MAY NOT HAVE BEEN VERIFIED OR AUTHENTICATED, AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. REISCOUT DOES NOT WARRANT THE ACCURACY, SUITABILITY, LEGAL EFFECT, OR TIMELINESS OF CONTENT CONTAINED ON OR THROUGH ANY REISCOUT PLATFORM. REISCOUT HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY REISCOUT PLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, WHETHER PROVIDED BY REISCOUT OR OUR SUPPLIERS OR LICENSORS (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS).
REISCOUT DOES NOT PROVIDE LEGAL ADVICE OR ANY OTHER KIND OF ADVICE, NO MATTER THE CONTENT, REISCOUT PLATFORM, SERVICE, OR MEANS OF COMMUNICATION. THE SERVICES AND CONTENT ON OR THROUGH ANY REISCOUT PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY. CONTENT, SERVICES, AND ALL COMMUNICATION BY OR WITH REISCOUT, INCLUDING THROUGH A REISCOUT PLATFORM, IS NOT LEGAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY, OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, HEALTH, MEDICAL, OR OTHER ISSUE. ALL CONTENT, SERVICES, AND REISCOUT PLATFORMS (AND ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) ARE PROVIDED WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO ITS LEGAL EFFECT AND COMPLETENESS. CONTENT SHOULD BE USED AS A GUIDE AND MODIFIED TO MEET YOUR OWN INDIVIDUAL NEEDS AND THE LAWS OF YOUR STATE. YOUR USE OF ANY CONTENT, SERVICE, OR REISCOUT PLATFORM (AND OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) IS AT YOUR OWN RISK. REISCOUT AND ANY ATTORNEYS WHO PARTICIPATED IN PROVIDING OR MODIFYING ANY CONTENT OR SERVICE EXPRESSLY DISCLAIM ANY WARRANTY: NO ATTORNEY-CLIENT RELATIONSIP IS BEING CREATED OR ENTERED INTO BY PROVIDING CONTENT, GUIDANCE, INSTRUCTIONS, SERVICE, OTHER INFORMATION, OR ACCESS TO ANY REISCOUT PLATFORM TO YOU.
YOU UNDERSTAND AND AGREE THAT REISCOUT IS NOT A LAW FIRM, AND DOES NOT PROVIDE LEGAL ADVICE.
REISCOUT DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC CONTENT, OPINIONS, REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH ANY REISCOUT PLATFORM, SERVICE, OR CONTENT.
REISCOUT, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY REISCOUT PLATFORM, SERVICES, OR CONTENT, (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY REISCOUT PLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH REISCOUT PLATFORM, THE SERVICES, CONTENT, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH REISCOUT PLATFORM IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL REISCOUT, OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY REISCOUT PLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF REISCOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REISCOUT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
THE SECURITY MEASURES USED BY REISCOUT TO PROTECT ANY REISCOUT PLATFORM, SERVICE, OR CONTENT ARE USED IN CONJUNCTION WITH SUCH CONTENT "AS IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, HACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
REGARDLESS OF SUPPOSED OR ACTUAL REPRESENTATIONS MADE TO YOU ORALLY OR IN WRITING BY REISCOUT CONCERNING ACTIONS REISCOUT MAY OR WILL TAKE, INCLUDING TO REMOVE OR DISABLE ACCESS TO ANY CONTENT AVAILABLE ON OR THROUGH ANY REISCOUT PLATFORM, OR TO ACT TO CAUSE SEARCH ENGINES TO STOP INDEXING OR CACHING ANY CONTENT OR TO REMOVE CACHED CONTENT, YOU MAY NOT AND WILL NOT RELY UPON SAME, AND WILL NOT BRING OR PARTICIPATE IN ANY ACTION OR CLAIMS REGARDING SAME, AND YOU WAIVE ALL RIGHTS AND CLAIMS INCLUDING FOR BREACH OR PROMISSORY ESTOPPEL, UNDER LAW AND EQUITY.
18 LIMITATION OF LIABILITY AND DAMAGES
18.1 Limitation of Liability
REISCOUT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF ANY REISCOUT PLATFORM, SERVICES, CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, YOUR DISPLAYING, COPYING, DOWNLOADING, OR USING, ANY CONTENT, INCLUDING FROM OR THROUGH ANY REISCOUT PLATFORM. REISCOUT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY REISCOUT PLATFORM, CONTENT, OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY REISCOUT PLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY REISCOUT PLATFORM, CONTENT, OR SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. REISCOUT MAY INTERRUPT ANY REISCOUT PLATFORM OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT SHALL REISCOUT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF REISCOUT KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN REISCOUT AND RECEIVED THROUGH OR ADVERTISED ON ANY REISCOUT PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
THESE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR REISCOUT THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS. THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, SUCH RIGHTS ARE EXPRESSLY DISCLAIMED.
18.2 Limitation of Damages
IN NO EVENT WILL REISCOUT OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, ATTORNEYS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF ANY REISCOUT PLATFORM, SERVICE, CONTENT, OR REFERENCE SITES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY REISCOUT PLATFORM, OR OBTAINING ANY SERVICES, OR CONTENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY REISCOUT PLATFORM, SERVICES, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITES.
18.3 Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY AT ALL.
18.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT REISCOUT HAS OFFERED ITS REISCOUT PLATFORMS, PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND REISCOUT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND REISCOUT. REISCOUT WOULD NOT BE ABLE TO PROVIDE ANY REISCOUT PLATFORM, SERVICES, OR CONTENT TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
19 LOCAL LAWS; EXPORT CONTROL
REISCOUT controls and operates each REISCOUT Platform from its headquarters in the State of Georgia in the United States of America and a REISCOUT Platform, Service, or Content may not be appropriate or available for use in other locations. Although REISCOUT does not direct its activities to users outside of the United States of America, if You use any REISCOUT Platform outside the United States of America, You are responsible for following applicable local laws. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data, or any direct product thereof in violation of any such restrictions, laws, or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency. Your rights under the Terms are contingent on Your compliance with this and all other provisions.
REISCOUT may, in its sole and unfettered discretion, for any or no reason, and without penalty, terminate and/or suspend Your access to any REISCOUT Platform, Service, or Content without notice. REISCOUT prefers to advise You of Your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by REISCOUT in its sole and unfettered discretion, may result in immediate termination of Your access to any REISCOUT Platform, Service or Content. If REISCOUT terminates Your access to any REISCOUT Platform, Service, or Content, REISCOUT may delete Your user profile(s) but will not be obligated to, and may delete any Content that You have provided in connection with any REISCOUT Platform. REISCOUT has the right to terminate any password-restricted account for any reason. You will not create multiple user accounts, particularly so as to abuse any of the REISCOUT policies, guidelines, or systems. However, if Your business involves advising any third party about any of the matters in any Content then You may create an account in relation to each such third party so that You may purchase a separate mandatory membership [license] for and in connection with the re-use or re-purposing of any Content for or in connection with each third party You advise or supply any such Content to, whether re-purposed or modified or not. Each such additional account shall use as the member name the same member name of the first member account followed by a number indicating the account number, using three digits: for example if the first member account was named Thom Jones then the second account would be Thom Jones002, and the 105th account would be Thom Jones105. (Please note all terms regarding what may and what may not be done with various Content. You must also notify each such third-party that You advise, in writing that he, she, or it may not resell, re-license, republish, distribute, or transmit any aspect of any Content). If, in violation of these Terms of Service, You have created multiple accounts and any single account is terminated by REISCOUT then REISCOUT may terminate all of Your accounts. Further, if REISCOUT terminates any of Your User accounts and You have multiple accounts, You will notify REISCOUT of the usernames of all Your other User accounts and You will not open any new User account(s). IF YOUR ACCOUNT HAS BEEN SUSPENDED OR TERMINATED AND YOU DO OPEN A NEW ACCOUNT YOU WILL BE LIABLE TO REISCOUT FOR DAMAGES OR, AT REISCOUT’S OPTION, LIQUIDATED DAMAGES IN AN AMOUNT OF $500.00. Such termination may continue so long as REISCOUT suspects the violation in question, and REISCOUT will have no liability to You for such suspension, including, without limitation, liability to refund any fees paid for any Content, documents, features, or subscriptions. You agree that REISCOUT will not be liable to You or any third party for any such termination.
20.2 Your Remedies
21 INDEMNIFICATION & RELEASE
You agree to indemnify, defend, save, and hold harmless REISCOUT, its parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of any REISCOUT Platform, Service, Content, any violation by You of any term of these Terms, or any breach of the representations, warranties, promises, or covenants made by You herein. REISCOUT reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless REISCOUT, and You agree to cooperate with REISCOUT's defense of these claims. REISCOUT will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Users are responsible for their acts and omissions and content placed on any REISCOUT Platform. In the event that You have a dispute with or claim against one or more Users, You release REISCOUT (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
22.1 Governing Law and Jurisdiction
Georgia law and controlling U.S. federal law, without regard to the choice or conflict of law provisions, will govern the Terms. Any disputes relating to the Terms or any REISCOUT Platform, Service, Content, or Reference Site, will be heard in the courts located in Henry County, Georgia. If any term or provision of the Terms is found to be inconsistent with applicable law, then such term or provision shall be interpreted and modified to reflect the intentions of the parties, and no other terms will be modified.
REISCOUT's failure to enforce any term or provision of the Terms is not a waiver of such term. The Terms are the entire agreement between You and REISCOUT and supersede all prior or contemporaneous negotiations, discussions, or agreements between You and REISCOUT about the subjects of the Terms, including each REISCOUT Platform, Service, and Content.
Upon expiration or termination of the Terms, any provision which logically, by its nature, or by express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and damages, and governing law and jurisdiction, and all general provisions shall survive any termination or expiration of these Terms.
If any provision of the Terms and related Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by REISCOUT without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
22.7 Entire Agreement
This is the entire agreement between You and REISCOUT relating to the subject matter herein and will not be modified except in writing, signed by both parties by hand, or by a change to these Terms made by REISCOUT as set forth in sections 2 and 3 above.
YOU AND REISCOUT AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR ANY REISCOUT PLATFORM, SERVICE, OR CONTENT, EXCEPT FOR REISCOUT’S RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU ARE, HOWEVER, REFERRED TO SECTION 20.2, REGARDING YOUR REMEDIES.
22.9 Dispute Resolution
If a dispute arises between You and REISCOUT, we would like to achieve a neutral and cost effective means of resolving disputes quickly. Except as set forth otherwise in these Terms, You and REISCOUT agree to resolve any claim or controversy at law (“Claim”), and although You have waived Your right to seek equitable or injunctive relief, should You attempt to pursue such relief in contravention of Your agreement not to, You will seek to resolve any claim or controversy at equity, that arises out of Your use of any REISCOUT Platform, Service, Content, or these Terms in accordance with one of the subsections below or as REISCOUT and You otherwise agree in writing, signed by hand, on paper. Before resorting to these alternatives, we strongly encourage You to first contact us directly to seek a resolution by contacting us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Legal Disputes - This Agreement (the Terms) shall be governed in all respects by the laws of the State of Georgia and controlling U.S. federal law, without regard to conflict of law provisions. You agree that any Claim or dispute You may have against REISCOUT, or REISCOUT may have against You, must be resolved exclusively by a state or federal court located in Henry County, Georgia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts (and arbitrators) located within Stockbridge, Georgia for the purpose of litigating all such claims or disputes.
- Arbitration Option – Although Section 20.2 regarding Your remedies governs, for any claim (excluding claims by REISCOUT for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If we are unable to agree upon an ADR provider then the default ADR provider shall be the American Arbitration Association, JAMS, as decided by the party submitting the claim for arbitration.
- Improperly Filed Claims - All claims You bring against REISCOUT must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should You file a claim contrary to this Dispute Resolution Section, REISCOUT may recover attorneys' fees and costs up to $1,000, provided that REISCOUT has notified You of the improperly filed claim, and You have failed to promptly withdraw the claim.
22.10 Class Actions
You expressly waive the right and agree not to bring or participate in any class action or joinder or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.
22.11 Advertisements in documents
Neither advertisements in or among documents, Content, a REISCOUT Platform, nor their placement are intended to suggest the author or member who posted said Content, or any entity or person mentioned in the Content, is in any way associated with, endorses, or approves the advertisement or advertiser. The advertisement was inserted between document pages automatically.
If You are domiciled in Georgia You may report complaints to the Georgia Department of Law, Consumer Protection Unit by contacting them in writing at 2 Martin Luther King, Jr. Drive Se, Suite 356 Atlanta, Georgia 30334-9077 Phone: 404-651-8600 (Atlanta). REISCOUT